On Point: A. Ch. 51, Mental health

Brown County v. Quinn M., 2010AP3162, District 3, 4/26/11

court of appeals decision (1-judge, not for publication); for Quinn M.: Chandra N. Harvey, SPD, Madison Appellate; case activity

Evidence held sufficient to support extension of ch. 51 commitment upheld. 1. Mental illness. Expert testified that she was certain Quinn had a mental illness, though given his history of drug and alcohol use she could not provide a specific diagnosis with certainty.

Rock County v. Henry J. V., 2010AP3044-FT, District 4, 3/17/11

court of appeals decision (1-judge, not for publication); for Henry J.V.: Steven D. Grunder, Madison Appellate; case activity

Evidence held sufficient to sustain extension of mental health commitment, as against argument respondent wasn’t shown to be dangerous if treatment were withdrawn.

¶6        As Henry acknowledges, his proceeding was for an extension of his commitment, not for an original commitment,

Waukesha County v. Kathleen R. H., 2010AP2571-FT, District 2, 2/23/11

court of appeals decision (1-judge, not for publication); for Kathleen R.H.: Paul G. LaZotte, SPD, Madison Appellate; case activity

The evidence supported ch. 51 mental health recommitment for a period of 12 months.

¶8        Here, Kathleen misconstrues WIS. STAT. § 51.20(1)(am) as requiring proof, apart from that contained in her treatment record, that she would be a danger to herself or others if treatment were withdrawn.  

Rock County v. Donald G., 2010AP2444, District 4, 2/17/11

court of appeals decision (1-judge, not for publication); for Donald G.: Steven D. Grunder, SPD, Madson Appellate; case activity

Concededly proper placement at Mendota under concurrent chs. 51 (mental health commitment) and 55 (protective placement) needn’t account for future termination should ch. 51 commitment later be amended. The placement order complies with § 55.18(3)(e)(1), and the circut court isn’t obligated to “address hypothetical scenarios in its order continuing protective placement.”

Oneida County v. Michael B., 2010AP002216-FT, District 3, 2/8/11

court of appeals decision (1-judge, not for publication); for Michael B.: Lora B. Cerone. SPD, Madison Appellate; case activity

Mental Recommitment – Instruction on Dangerousness

The following oral jury instruction didn’t impermissibly direct the jury to find dangerousness, on trial for mental recommitment: “This is a recommitment proceeding, therefore, the law requires that the requirement of a recent act,

Barron County v. Dennis H., 2010AP1026, District 3, 10/19/10

court of appeals decision (1-judge, not for publication); for Dennis H.: Jefren E. Olsen, SPD, Madison Appellate

Evidence held sufficient to support finding of dangerousness.

1) Recent overt act, attempt or threat to do serious physical harm. A psychologist testified that Dennis at times displayed aggressive behavior (“he changes at the snap of the finger and will become highly excitable,

Milwaukee County v. Earl Z., 2010AP704, District 1, 9/23/10

court of appeals decision (1-judge, not for publication); for Earl Z.: Jeremy Perri, SPD, Milwaukee Appellate

County appeal of dismissal of emergency detention at probable cause stage is moot, where facts supporting that requested detention are no longer operative. Exceptions to mootness — appellate court may reach merits if the issue is sufficiently important or likely repetitious but evasive of review —

Manitowoc Co. HSD v. Tammy L.C., No. 2010AP118, District II, 7/14/10 court of appeals decision (1-judge, not for publication); for Tammy L.C.: Matthew S. Pinix

Mootness – Discharge from Civil Commitment

Appeal of commitment order is dismissed as moot where appellant has been discharged and no extension sought.

Mootness raises a question of policy, not jurisdiction, and the court dismissed the appeal only after satisfying itself that the underlying issue isn’t recurrent but,

court of appeals decision; BiC; Resp.; Reply

Confidentiality – § 51.30(4) – Emergency Detention Statement

Release by a police department of a statement of emergency detention, occasioned by a deputy sheriff’s threat to kill superior officers, violated the § 51.30(4) prohibition on release of “treatment records”; and was not justified by the public policy exception that imposes on psychiatrists the duty to warn potential targets of threats made by patients.

court of appeals decision (1-judge, not for publication); for Asley: Donald T. Lang, SPD, Madison Appellate

Mental Commitment
Trial court order of inpatient treatment supported by evidence:

¶18      Dr. Berney testified that as of the date of his examination, Ashley required inpatient treatment, but there was a substantial probability she would be ready for outpatient treatment by the time of the final hearing, which was five days later.